Code Section

Health and Safety Code - HSC

DIVISION 11. EXPLOSIVES [12000 - 12761]

  ( Division 11 enacted by Stats. 1939, Ch. 60. )
  

PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728]

  ( Part 2 repealed and added by Stats. 1973, Ch. 1109. )
  

CHAPTER 8. Penalties [12700 - 12706]
  ( Chapter 8 added by Stats. 1973, Ch. 1109. )

  
12702.  

Notwithstanding the provisions of Section 12700:

(a)  A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700.

(b)  Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of five thousand dollars ($5,000), or by imprisonment in a county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.

(Amended by Stats. 2007, Ch. 563, Sec. 6. Effective January 1, 2008.)